By BABATUNDE JIMOH, IKECHUKWU NNOCHIRI & TONY NYONG
ABUJA—THE Abuja Division of the Federal High Court, yesterday, ordered the Inspector General of Police, Mr. Hafiz Ringim, to release the embattled Akwa Ibom State gubernatorial candidate of the Action Congress of Nigeria, ACN, Mr. John James Akpanudoedehe from detention forthwith.

The high court gave the order on a day an Uyo Chief Magistrate Court declined jurisdiction on his murder trial and ordered his remand in prison custody for 24 hours before arraignment in a court of competent jurisdiction.

The Abuja High Court order was sequel to a motion ex-parte dated April 5, which was filed by lead counsel to Udoedehe, Chief Kola Awodein, SAN, arguing that the prosecution defied the sanctity of the judiciary by not only molesting his client right inside the courtroom, but equally whisked him back to custody despite that he was ab-initio released on bail by the court.

While arguing the motion yesterday, Awodein told trial Justice Adamu Bello that the ACN guber candidate was yet to regain his freedom from police custody, bemoaning that a great injustice would be occasioned against him should he remain in detention till April 26 when governorship elections are billed to hold across the federation.

Abuse of court process

He maintained that the IGP specifically ordered the arrest of the applicant for the purpose of remanding him in jail with a view to inhibiting the accused/applicant from perfecting his bail conditions, just as he contended that the conduct of the police constituted an abuse of court process as it was designed to frustrate, irritate and annoy the accused/applicant.

Awodein argued: “The conduct of forcibly removing and abducting the accused/applicant and thus preventing him from perfecting the conditions of his bail by the IGP, his officers and the prosecution, amounts to usurpation of the authority of this court. If this ex-parte order is not granted by this court, a grave mischief, irreparable loss and damage will be occasioned against the applicant if the respondent is firstly put on notice in the usual way.”

He urged the trial Judge to take judicial notice of a 17-paragraph affidavit of urgency deposed to by one Benson Igbanoi, so as to appreciate the level of persecution the embattled ACN candidate has undergone and is still undergoing in the hands of the police.

The deponent in the affidavit, averred that “having regard to the manner that the applicant was forcibly adopted from the courtroom where he was slapped and physically molested by police officers and agents of the respondents, there is very grave apprehension for the applicant’s safety and well being.

He added: “That the applicant who has been arrested by the police since March 22, 2011, is very hypertensive and suffer from polyuria, polybypsia and blurring vision and his health is in serious jeopardy as he has been denied medications and the proper medical attentions that his health conditions demand.”

After listening to the passionate plea tendered to him by the defence counsel, Justice Bello issued a mandatory order directing an unconditional release of the applicant from custody, adding that the police IG should immediately give effect to the order that was hitherto made by the court on March 30, admitting the accused person to bail pending the hearing and determination of the substantive charge against him.

It would be recalled that the court, presided by Justice Bello on March 31, granted Udoedehe bail in the sum of N10 million and a surety in like sum.

Landed property

Aside from the fact that such surety must have a landed property within the jurisdiction of the Federal Capital Territory, the trial court equally ordered the applicant to write an undertaking that he would not engage in any act capable of breaching peace in the state or anywhere in the country, stressing that breach of any of the conditions would amount to an automatic revocation of his bail.

The accused person was unable to enjoy his temporary respite  as scores of armed police men immediately swooped on him while he was still perfecting the bail terms, and whisked him back into detention over a fresh charge bothering on arson and murder.

The high court had granted him bail on the basis of a four-count criminal charge bothering on treason.
His trial was at the behest of the police boss who accused him of conspiring with some persons presently at large, at Ikot Ekpene in Akwa Ibom State, to commit felony and treason by levying war against the state with an intent to intimidate and overawe the incumbent governor of the state, Godswill Akpabio.

The four allegations slammed against him attract death penalty upon conviction.

Magistrate court declines jurisdiction

Meanwhile, an Uyo Chief Magistrate Court before which Senator Udoedehe was arraigned for arson and murder has declined jurisdiction in the matter and ordered he should be remanded in prison custody pending his proper arraignment at the high court which has the jurisdiction to try him.

Chief Magistrate Edet Obot in his ruling, yesterday, said though the law requires 14 days for proceedings to be transferred to the high court, in view of the personality involved, the State Director of Public Prosecutions should file the necessary processes before the high court that will determine his bail within 24 hours.

Declining jurisdiction in the matter after reviewing the submissions of both the defence counsel and the police, Chief Magistrate Obot said the law creating the Magistrate Court did not “give it powers to entertain the case of murder,” thus his court could not dwell on the matter.

The former Minister of the Federal Capital Territory, and governorship candidate of the ACN was flown to Uyo on Monday, April 4, 2011 and was arraigned before the State Chief Magistrate Court the following day on nine-count charge.

Wailing supporters

Supporters of the governorship hopeful wept bitterly as the court denied their candidate freedom, cursing and calling on God’s anger upon his persecutors.

Plea by the defence counsel, Professor Yemi Osinbajo, that the accused be kept in the police custody was rejected by the Chief Magistrate, who advised that such plea should be addressed at the high court.

Speaking with newsmen shortly after the ruling, Osinbajo, SAN, said: “We are not entirely surprised of the outcome; we think this is a clear case of continuing act of intimidation and aggression against the ACN governorship candidate and a further step to keep him out of circulation to frustrate his victory in the governorship race.

“This is an assault on the rule of law, it is a horrible thing indeed. Even in the military era it did not happen, so history would judge the persons launching this injustice and pathological debasement on other human beings.”
Tinubu speaks

Meanwhile, former Governor of Lagos State and chieftain of the Action Congress of Nigeria, ACN, Senator Bola Ahmed Tinubu, has condemned the continued detention of the party’s gubernatorial candidate in Akwa Ibom State, Senator James Akpan Udoedehe.

He said the detention was based on a hurriedly passed law which was being applied retroactively.
Tinubu also frowned at the silence of President Goodluck Jonathan over the lingering political turmoil in  Akwa_Ibom, a situation he described as shameful and regrettable.

The ACN chieftain who spoke with newsmen at the presidential lounge of the Murtala Muhammed Airport, Lagos, said it was a calculated attempt by the state government to keep the ACN’s candidate out of circulation to scuttle his chances at the polls.

Tinubu said: “Today he was remanded by magistrate court in Akwa Ibom, pursuant to a law that was retroactively passed, a law that was passed on March 31. He was accused of having committed offence on March 21. This law was made on March 31 and gazetted yesterday while we were waiting to go to court.

“This afternoon he was remanded for a further 24 hours and we filed an application for him. Clearly, it’s an attempt to get him out of circulation to ensure that  he is unable to campaign, to ensure that he is unable to run.”

The ACN chieftain lamented that the present situation in the country “is worse than what we saw under the military, making laws over night, especially laws that are meant to destabilize, to oppress the opposition. It is a shame. I have never seen anything like this in a civilian regime. It is very, very sad.

“It is a shame that the President has refused to speak up against the very clear oppression that is going on out there in Akwa Ibom State. I would have expected that by now the President would have spoken up against what is going on in that state. The Inspector General of Police has held this man despite the fact that he was released on bail by the Federal High court in Abuja.”

Tinubu was optimistic Senator James will come out victorious at the polls. He said: “I think a lot of people now know that clearly this man is being oppressed because there is a real threat to the governor  there in terms of his leadership, in terms of whether he will be re-elected or not. So, it is clear that there is a possibility of this man emerging as the next governor of that state.”